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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
The Principal Secretary to Government – Appellant
Versus
K.S.Abubucker – Respondent
Writ Appeal No.562 of 2021 and C.M.P.No.2329 of 2021
Decided on : 11-06-2024
Writ Appeal - Disciplinary Proceedings - The court determined that the grievances of the first respondent had been addressed by allowing retirement subject to disciplinary proceedings, and the second respondent continued in service, leading to the conclusion that no further consideration was necessary in the writ appeal.
Fact of the Case:
The appellant filed a writ appeal to challenge the order in W.P.No.27793 of 2013, concerning grievances raised by the first respondent and the status of the second respondent's employment.
Finding of the Court:
The court found that the grievances of the first respondent had been resolved by permitting retirement, pending disciplinary proceedings, and noted that the second respondent remained in service.
Issues: Whether further consideration was required in the writ appeal given the resolution of grievances and the employment status of the second respondent.
Ratio Decidendi: The court concluded that since the grievances had been addressed and the second respondent was still employed, there was no need for further deliberation on the matter.
Result: The writ appeal was disposed of with no costs, and the connected miscellaneous petition was closed.
JUDGMENT :
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.27793 of 2013 dated 03.01.2014.
Mr.R.Neelakandan, learned Additional Advocate General appearing on behalf of the appellant would submit that the grievances of the first respondent have already been redressed and allowed to retire from service subject to outcome of the disciplinary proceedings. As far as the 2nd respondent is concerned, he is continuing in service.
2. Therefore, both the learned respective Counsels appearing on behalf of the appellant and the respondents would submit no further consideration is required in the present writ appeal. Consequently, the Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
The resolution of grievances in employment matters can lead to the dismissal of related writ appeals when no further issues remain.
Writ appeals can be dismissed as infructuous when the underlying cause of action has ceased to exist.
A recorded compromise between disputing parties can effectively resolve the matter, eliminating the need for further judicial intervention.
The reinstatement of an employee to a position after a cancellation of a previous appointment negates any claims of grievance regarding the initial appointment.
A compromise agreement between parties can conclusively resolve a dispute, negating the necessity for further court intervention.
A writ appeal can be dismissed for non-prosecution if the appellant fails to appear and show interest in pursuing the case.
A writ appeal can be dismissed as infructuous if the parties indicate that the matter is no longer in contention.
Employees are entitled to service benefits pending a Supreme Court decision, ensuring equitable treatment in service matters.
A legal cause lapses upon the death of a party, resulting in the closure of related proceedings.
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